DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

CASE   NO:   CC- 34 of  2023

 

Smt. Moonmi Das,

D/O Sri Sunil Chandra Das,

W/O- Sri Prabhudatta Purohit,

C/O-  Balaji Mansion, Near Chittaranjan Club,

Dhaleswar, Agartala, 

West Tripura-799001. .........Complainant.

 

-VERSUS-

 

1. Sri Samit Mazumder,

S/O- Jaswanta Mazumder,

Managing Director,

M/S Eastern India Business Organisation,

Plot B1 336, Kalyani District, 

Nadia, West Bengal,- 741235.

 

2. Sri Kalipada Ghosh,

S/O- Lt. Tarak Chandra Ghosh,

Jail Road, Banamalipur,

P.S. East Agartala,

District- West Tripura.

Pin- 799007. ............Opposite Parties.

   ________PRESENT__________

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR(SMT) BINDU PAUL

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA. 

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA. 

 

C O U N S E L

 

 

For  the  O.P. : Exparte.

 

 

 

 

F I N A L    O R D E R

1. Smt. Moonmi Das, here-in-after called 'the complainant' has filed this complaint against Samit Mazumder and Sri Kalipada Ghosh here-in-after called 'the O.P No.1 and O.P. No.2' respectively.

The complainant filed this case alleging inter alia that the O.P. No.1 has engaged in the business of Real Estate  and construction of flats who entered into an agreement with O.P. No.2 to develop the G+4 building as a joint venture on the land of O.P. No.2 being land measuring 0.040 acres of Mouja- Agartala Sheet No- 14, Khatian No- 178, Daag No- 2613 of Ward No-21, Agartala. The O.P. No.2  executed a registered power of attorney in favour of the O.P. No.1 who entered agreement  to sale and execute sale deed of the flat  in favour of the intending purchaser.

1.2 The respondent No.1 started construction of G+4 building on such land and completed almost 90% of the construction but ultimately stopped completion of the construction although the O.P. No.1 entered into an agreement with the complainant on 08.04.2019 to sale flat No.1 -A on the first floor having super built area of 965 sq. ft. for a consideration of Rs.42 lakhs to be paid into 2 installments i.e., 25 lakhs and 17 lakhs. The O.P. No.1 entered into contract to deliver such flat within 15 months from the date of agreement for sale. 

1.3 The complainant by way of installments paid Rs.39,56,000/- but the O.P. No.1 has not completed construction of the flat as on today also. And consequently has not executed sale deed as per terms of the agreement.

1.4 The complainant obtained loan from the bank to purchase such flat on payment of approved rate of interest. On 08.09.2022 the complainant wrote letter to the O.P. No.1 demanding possession  of the flat and registration of sale deed but in vain. The complainant has been residing in a rented house  on payment of rent for Rs.14,000/- per month for last 2 ½ years. On 12.01.2023 the complainant served a Legal Notice upon the respondents and also had verbal talk with the respondent No.1 where in the respondent No.1 verbally informed the complainant that the Respondent No.2 , the owner of the land created hindrance in completion of construction of flats. Hence, this complaint seeking compensation, refund of the advance money with interest etc. 

 

2. Summons were served upon the O.Ps but the O.Ps inspite of receiving summon failed to appear. As such vide order dated 20.12.2023 the case has been proceeding exparte  against the O.P. No.1 and vide order dated 06.09.2023 the case has been proceeding exparte against O.P. No.2.

3. The complainant submitted evidence on affidavit with documents i.e., the agreement for sale of the flat entered in between the complainant and the O.P. No.1, agreement in between the O.P. No.1 and 2 for construction of flat on the land of O.P. No.2., General Power of Attorney executed by O.P. No.2 in favour of the O.P. No.1 to execute Sale Deeds of flats in favour of intending purchasers, the Advocate's Notice dated 12.01.2023 issued by the complainant upon the O.Ps.

 

4. During the course of proceeding this Commission on 29.02.2024 passed interim order U/S 38(8) of the C.P. Act, 2019 authorizing the complainant to take possession of the flat and make an estimate of the remaining works. Copy of this order was served upon the O.Ps but the O.Ps still did not appear before this Commission. As per that order the complainant submitted report of the building planner that a further sum of Rs.3,25,000/- will be required to complete the work of his flat and a further sum of Rs.36 lakhs will be required to complete the common works of that G + 4 building which includes painting of common area, common plumbing facilities and water purifier system, common electrical works, lift, stair cases etc.

5. In pursuance to interim order dated 29.02.2024 the complainant has submitted a report of the building planner and O.P. No.2 was also summoned again to appear before this Commission who even refused to accept the summon.

6. Considering the evidence submitted by the complainant and the situation detrimental to the interest of the complainant, we order that the O.P. No.1 shall hand over the possession of the flat after completing the same as per agreement, within 30 days from today and shall pay a sum of Rs.5 lakhs to the complainant as compensation. If the O.P. No.1 fails to hand over vacant peaceful possession of the flat to the complainant, the complainant shall take possession of the incomplete flat and in such eventuality the O.P. No.1 and 2 are hereby injuncted not to disturb  peaceful possession of the flat of the complainant and the O.P. No.2 being the owner of the land shall execute Sale Deed in favour of the complainant within 30 days from today as earlier the O.P. No.2 executed Power of Attorney in favour of the O.P. No.1  to execute sale Deed in favour of the intending purchaser of the flat for and on behalf of the O.P. No.2. Alternatively the O.P. No.1 shall refund the sum of Rs.39,56,000/- to the complainant and the sum shall carry interest @ 7.5% P.A from today till the date of actual payment and in that case the O.P. No.1 shall pay a sum of Rs.5 lakhs to the complainant as compensation for deficiency in service.

7. The case stands disposed of. 

8. Supply 3 copies to the complainant. Complainant shall send one copy each to the O.P. No.1 & 2 by post or hand over in person. 

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR(SMT) BINDU PAUL

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA.

 

 

 

SRI SAMIR  GUPTA

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA.